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HTMLSFO Spotlight on Construction Sector
Withers Bergman LLP;
Legal Alert/Article
December 11, 2013, previously published on December 10, 2013
The construction sector has recently come under the spotlight following comments made by the Director of the Serious Fraud Office (the ‘SFO’) that it is one of the key industries facing increased levels of scrutiny as a result of the new proactive and aggressive approach being initiated...

 

HTMLIncentivizing Integrity: False Claims Act (FCA) Enforcement On The Rise
Latour "LT" Lafferty; Fowler White Boggs P.A.;
Legal Alert/Article
December 10, 2013, previously published on December 2013
If your company does business with the State or Federal government it has potential FCA exposure. While historical FCA enforcement actions were limited to healthcare and defense procurement industries, organizations in other industries are routinely finding themselves to be subjects of FCA...

 

HTMLWorld Bank Report Concludes That Financial Sanctions Imposed By Prosecuting States Are Failing To Compensate Countries Whose Officials Have Been Bribed
Annie Clarke, Jamie Humphreys, James Maton, Antonio Suarez-Martinez; Edwards Wildman Palmer LLP;
Legal Alert/Article
December 5, 2013, previously published on December 3, 2013
The World Bank’s Stolen Asset Recovery Initiative (StAR) last week published a report, Left Out of the Bargain (http://star.worldbank.org/star/publication/left-out-bargain-settlements-foreign-bribery-cases-and-implications-asset-recovery), concluding that although significant out of court...

 

HTMLSEC Announces First Deferred Prosecution Agreement With An Individual
Christina N. Davilas, Steven W. Hansen; Bingham McCutchen LLP;
Legal Alert/Article
November 26, 2013, previously published on November 22, 2013
The Securities and Exchange Commission (“SEC”) recently announced its first deferred prosecution agreement (“DPA”) with an individual. Such agreements are one of many initiatives by the SEC to induce knowledgeable companies and individuals (including culpable ones) to come...

 

HTMLThe Second Opinion: U.S. Supreme Court to Reconsider Fraud-on-the-Market Theory
Brandon Kain; McCarthy Tétrault LLP;
Legal Alert/Article
November 25, 2013, previously published on November 22, 2013
On November 15, 2013, the U.S. Supreme Court agreed to hear an appeal in which it will reconsider the ”fraud-on-the-market” theory that has been one of the cornerstones of private securities litigation in the United States for the past 25 years.

 

HTML$2.2 Billion Risperdal Anti-Psychotic Drug Settlement
James P. Nevin; Brayton Purcell, LLP;
Legal Alert/Article
November 21, 2013, previously published on November 19, 2013
Janssen, part of the well-known Johnson & Johnson company, pled guilty to misbranding its anti-psychotic medication Risperdal in a $2.2 billion dollar settlement. The company entered a guilty plea to one misdemeanor ending a complex legal case spanning almost a decade.

 

HTMLA Tale of Two Injunctions - A Comparison of Two Recent Competition Law Injunction Applications before the English Courts
Jo Love, Becket McGrath; Edwards Wildman Palmer LLP;
Legal Alert/Article
November 18, 2013, previously published on November 18, 2013
It should never be easy to get an injunction, given the impact this can have on the business against which the injunction is awarded. On the other hand, the ability of a business to seek rapid relief from commercial conduct by a rival or supplier that threatens to have an irreversible impact is an...

 

HTMLAdmissions of Wrongdoing: The Final Frontier
Heidi A. Wendel; Jones Day;
Legal Alert/Article
November 15, 2013, previously published on November 2013
Admissions of wrongdoing are the final frontier in civil fraud settlements—that elusive element that purportedly makes the payment of even large settlement amounts more than "just a cost of doing business" for the defendant companies. Federal law enforcement agencies have repeatedly...

 

HTMLSenate Approves Antitrust Anti-Retaliation Bill
Todd N. Hutchison, Paul H. Saint-Antoine, Ronald A. Sarachan; Drinker Biddle & Reath LLP;
Legal Alert/Article
November 8, 2013, previously published on November 7, 2013
Earlier this week, the Senate approved an anti-retaliation bill aimed at protecting whistleblowers that report or participate in investigations of violations of antitrust law. The proposed language of Senate Bill 42, or the Criminal Antitrust Anti-Retaliation Act of 2013 (CAARA), has the potential...

 

HTMLWhat To Do - And What Not To Do - If You're Served With a Search Warrant
Kent Wicker; Dressman Benzinger LaVelle psc;
Legal Alert/Article
November 8, 2013, previously published on Fall 2013
The day starts like any other day. You get in early, earlier than most of your employees. Your work has barely started, though, when you get an unexpected visitor. Two agents in dark suits. Then two more, and a couple of officers in uniform. It seems like a dozen before they finish coming in. ...

 


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